Code of Conduct for Judges
Kartavya Desk Staff
Syllabus: Governance
Source: PIB
Context: Law Minister Arjun Meghwal recently addressed the lack of a formal code of conduct for judges, pointing to existing frameworks like the Supreme Court’s Restatement of Values of Judicial Life (1997) and the in-house procedure for action against errant judges.
What is a Code of Conduct?
A code of conduct is a set of ethical guidelines that define acceptable behaviour and standards for individuals in a specific role or profession. For judges, it emphasizes impartiality, accountability, and adherence to constitutional principles.
Present Code of Conduct for Judges:
• Restatement of Values of Judicial Life (1997): Adopted by the Supreme Court, it outlines standards for judicial behaviour, such as impartiality, transparency, and integrity.
E.g. Judges must refrain from public commentary on pending cases.
• Constitutional Provisions: Articles 124 and 217 prescribe the appointment and removal of judges, emphasizing ethical behaviour as part of their duties.
• In-house Procedure (1997): Allows the Chief Justice of India (CJI) to act on complaints against judges for misconduct.
• Judges (Inquiry) Act, 1968: Provides a legal framework for investigating allegations of misconduct or incapacity.
• Declaration of Assets: Judges are expected to disclose their assets as part of accountability, though enforcement mechanisms are weak.
Need for a Code of Conduct for Judges:
• Prevent Judicial Misconduct: Ensures accountability and prevents misuse of judicial powers.
E.g. Allegations against some judges have raised concerns over ethical lapses.
• Strengthen Public Trust: Reinforces confidence in the judiciary’s impartiality.
E.g. The Andhra Pradesh HC case in 2021 highlighted public distrust due to alleged bias.
• Uniform Standards: A formal code provides consistency in handling ethical violations across states and courts.
• Combat Corruption: Addresses issues of financial irregularities and nepotism in judicial processes.
• International Obligations: Aligns India with global practices like the Bangalore Principles of Judicial Conduct.
Government Efforts:
• Restatement of Judicial Values: Reaffirmed by the Supreme Court in 1997 to guide judicial behaviour.
• Judges (Inquiry) Act, 1968: Legal mechanism to investigate allegations of misconduct.
• Judicial Standards and Accountability Bill, 2010: Proposed but not passed, aiming to enforce ethical standards.
• Judicial Training Programs: Conducted by the National Judicial Academy to promote ethical awareness.
Significance of a Code of Conduct for Judges:
• Ensures Judicial Independence: Protects judges from undue influence by clearly defining ethical boundaries.
• Strengthens Rule of Law: Reinforces fair and impartial judicial processes.
E.g. The Ayodhya verdict highlighted adherence to legal principles over religious biases.
• Enhances Credibility: A formal code enhances the judiciary’s reputation globally.
• Encourages Accountability: Prevents arbitrary behaviour and ensures adherence to constitutional mandates.
• Addresses Systemic Bias: Provides a mechanism to curb favouritism and discrimination in judgments.
Challenges to a Code of Conduct:
• Lack of Enforceability: Existing guidelines are advisory and lack binding enforcement mechanisms.
• Judicial Independence vs. Accountability: Overregulation could undermine judicial autonomy.
• Resistance to Change: Judges often resist external scrutiny, citing concerns over independence.
• Political Interference: Risk of using the code to target dissenting judges. E.g. Allegations of executive overreach in recent judicial appointments.
• Lack of Awareness: Absence of regular training on ethical guidelines limits their effectiveness.
Way Ahead
• Formalize the Code: Introduce a legally binding code of conduct for judges.
• Strengthen Oversight Mechanisms: Establish an independent judicial accountability body.
• Regular Training Programs: Conduct ethics workshops for judges to familiarize them with the code.
• Transparency in Appointments: Enhance transparency in the appointment and removal of judges.
• Public Engagement: Foster trust by involving civil society in discussions on judicial accountability.
Conclusion:
A robust code of conduct is essential to safeguard judicial integrity and public trust. By balancing accountability with independence, it ensures that the judiciary remains a pillar of democracy.
Insta Links:
• Code-of-conduct-for-civil-servants
• Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary? (UPSC- 2024)
• Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (UPSC-2017)